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2024 Supreme(SC) 199

C. T. RAVIKUMAR, RAJESH BINDAL
Vethambal – Appellant
Versus
Oriental Insurance Company – Respondent


Advocates appeared:
For the Appellant(s) : Mr. V Chidambaresh, Sr. Adv. Mr. Biju P Raman, AOR Ms. Usha Nandini V, Adv. Mr. John Thomas Arakal, Adv. Mr. Govind Venugopal, Adv.
For the Respondent(s): Mr. Pankaj Seth, Adv. Ms. Manjeet Chawla, AOR Mr. Aashish Arora, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. Aggrieved against the judgment1 [Judgment dated 04.04.2019] of the High Court2 [Madras High Court, Bench at Madurai] vide which the compensation awarded to the appellants (claimants) by the Tribunal3 [Motor Accident Claims Tribunal, Tirunelveli] was reduced, the present appeal has been preferred.

2. Briefly, the facts are that Ravisankar, aged 52 years, met with an accident on 09.12.2012, at about 8.30 P.M. while driving TVS Starcity bearing registration No. TN-72-AV-0927, which was insured with respondent No. 1-Insurance Company. FIR No. 442 dated 10.12.2012 was registered at Police Station Kalakkaadu, District Tirunelveli. A claim petition4 [M.C.O.P. No. 281 of 2013] was filed by the dependants of the deceased claiming compensation of Rs. 1,00,00,000/-. It was pleaded that the deceased was doing multiple activities. Besides being an agriculturist growing bananas, coconuts and paddy, he was also running a dairy farm and was a Government contractor. He was the sole bread earner of the family, who left behind his old mother, wife, daughter and son, who are the appellants before this Court.

3. The accident and the liability of the Insurance Company as such

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